Few of us think that Wigan Athletic's Callum McManaman deserved to stay on the pitch after launching into a knee-high challenge on Sunday afternoon. Dave Whelan, the Wigan chairman, thought McManaman's challenge was "as clean as a whistle", but even the referee, Mark Halsey, admitted after the match that he would have sent off the player had his view of the incident not been blocked by a Newcastle United player.

The television footage is clear: the impetuous young midfielder threw himself into the tackle with little regard for the safety of his opponent, Massadio Haïdara, who ended up in hospital. He should have been shown a straight red card.

McManaman deserves a ban, but the Football Association's rules mean it cannot punish the player. Although Halsey did not see the incident, one of his assistants witnessed "a coming together" of players. As the assistant saw the tackle and chose not to act, the FA concluded that the incident had been dealt with. As one of the officials had made a decision about the tackle, it was not up for discussion in the post-match disciplinary process.

The FA's rules insist that fouls unseen by referees can be dealt with retrospectively, but fouls witnessed by officials should not be reviewed by the TV panel.

The decision looks mad, but it is based on some logic. The FA does not want to referee games twice: once on the field and once in front a TV, as this undermines their officials. Referees have enough trouble trying to hold the respect of players. If their decisions are challenged and overturned, their job will become even tougher.

Perhaps football should learn from rugby union and give their post-match TV panel more power. In rugby union, citing commissioners watch matches and analyse every foul – including both those missed and those misinterpreted by the onfield referee.

These independent officials have full use of slow-motion replays and multiple TV angles, so they can provide a fairer analysis. If football used the citing system of rugby union, McManaman would be starting a ban, rather than preparing for Wigan's forthcoming FA Cup semi-final.

Would the system used in rugby union help football, or would it undermine referees as feared by the FA?